DEBT BLOG

My office recently filed suit on behalf of an Arizona consumer against J.R. Brothers Financial, Inc., an Arizona collection agency. The lawsuit alleges that the J.R. Brothers’ collector told the consumer that because she had written a bad check, she had committed a felony. It also alleges that J.R. Brothers’ threatened to “press charges” against her for passing a bad check. Finally, the suit alleges that the collector told the consumer that her doctor would no longer see her because she had not paid her bill. These threats violate federal law!

False Threats Under FDCPA Illegal.

The basis for the Arizona lawsuit is that J.R. Brothers violated the Fair Debt Collection Practices Act or FDCPA by making false threats to coerce payments on a debt. Even when a debt is owed, a collection agency such as J.R. Brothers is prohibited from threatening or implying criminal prosecution unless the action is lawful (which it was not here), and the debt collector intends to take such action (which it did not intend to take here).

J.R. Brothers’ false statement that the doctor would no longer see the consumer as a patient is also illegal under the FDCPA.

Any false or misleading representations made in connection with the collection of a debt are prohibited by the FDCPA.FDCPA Provides Recovery of Damages for False or Misleading Representations.

The FDCPA provides that any collection agency, such as J.R. Brothers in this instance, is liable to the consumer for money damages for making false or misleading statements or representations in order to collect a debt. Damages under the FDCPA include statutory damages of up to $1,000, plus actual damages resulting from the violation. They are also liable for court costs and attorney’s fees.

Take Action to Stop Collection Harassment.

If you are being harassed or threatened by a debt collector or junk-debt buyer regarding a consumer debt, I can help. Call Floyd W. Bybee at 480-756-8822

Copyright 2006-2018, BYBEE LAW CENTER, PLC. This website is not meant to provide legal advice and is informational in nature. This website is not and is not intended to be an advertisement outside of the State of Arizona. Attorney Floyd W. Bybee is licensed to practice law only in the State of Arizona. No attorney client relationship will be established with BYBEE LAW CENTER, PLC unless a written retainer agreement has been executed.